Desimone

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISMAIL MORA, No. 2:23-CV-0155-DJC-DMC-P Plaintiff, v. ORDER CHRISTOPHER DESIMONE, et al., Defendants. 16 Petitioner, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. §1983. Pending before the Court is Plaintiff’s motion for leave to amend. See ECF No. 35. Defendants have filed an opposition. See ECF No. 38. The Federal Rules of Civil Procedure provide that a party may amend his or her pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is one to which a responsive pleading is required, within 21 days after service of the responsive pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule 12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all 26…